VLF Corporate & Business Immigration

MR.SERNA: Hi, I’m Daniel Serna. MR. VETHAN: And I’m Charles Vethan. MR.SERNA: Welcome to Vethan Law Firms video educational series. Today’s topic is business and corporate immigration. MR. VETHAN: Daniel, on the topic of business and corporate immigration, we work with a lot of clients from around the world. When should a foreign business moving to the U.S. look at business immigration compliance issues? MR.SERNA: Business immigration must be taken at first sight. The reason for this is from corporate structure to compliance with local and federal statutes and also workers, employees, compliance, whether workers are authorized or not to work in the United States but business immigration should be taken upon first stance simply because you want to start off of the right track. MR. VETHAN: So would you say that that is a critical planning tool for any business that’s looking to move into the U.S. market? MR.SERNA: Without a doubt immigration has to be considered as part of a strategy to move a business to the United States. MR. VETHAN: What about exiting businesses in the U.S.? We have businesses in many of the jurisdictions we service. We are looking at Texas and California, two huge states. A lot of states dealing with immigration issues. So what are some of the issues that an existing business in the U.S. must consider with respect to compliance? MR.SERNA: With respect to compliance, every business needs to remember that federal immigration trumps any state law. So compliance with federal statutes comes first, compliance with state law comes second. Every worker in the United States must be employment authorized in order to be able to legally work in the United States. Companies need to be smart enough to know their employees, medium and small. Companies should take this into consideration because a liability of an unauthorized worker becomes a huge problem for a small or medium sized company. MR. VETHAN: In fact, Daniel, is it true that if a business is not complying with immigration standards, that business can actually be shut down? MR.SERNA: The business can face a lot of consequences from federal audits from the Department of Homeland Security to Internal Revenue Service issues and audits to even Social Security audits. So compliance with federal immigration law is something that small to medium size companies have to take into consideration. MR. VETHAN: Sounds pretty scary. MR.SERNA: It is pretty scary. However, with an appropriate plan, with an appropriate strategy, this is the type of work that our law firm can do in order to make sure that there are no issues that are not visible to the ordinary person but something that our law firm can task and do. MR. VETHAN: So we talked about companies, both companies moving in to the U.S. and existing companies in the U.S. both subject to immigration compliance issues. Now, what about investors? If we are looking at individuals who want to move either themselves or their business to the U.S., is that an opportunity or an option for folks living outside the U.S.? MR.SERNA: It always is an opportunity because investors control their own destiny in the United States. Investors are the key person or individuals who can control their own and their families’ immigration to the United States. Having said that, business owners or investors can setup the right structures with our firm, can set up the right planning in order to not only immigrate themselves but their families and potentially some of their key workers. MR. VETHAN: So with the business immigration option, are we suggesting to them that we can structure a plan to bring their family members to the United States as well? MR.SERNA: We always want to consider the family because with an investor comes kids, comes a spouse, more than likely, and it always is part of the immigration plan. An investor is always looking at immigrating not only himself but their family with them. MR. VETHAN: If you have more questions about business and corporate immigration, please contact us at the Vethan Law Firm. Because at the Vethan Law Firm, your problem is our business.